 ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there Is literally no evidence, but whether there Is any upon which a jury can properly proceed to find a verdict for the party...  The Central Law Journal - Halaman 2281879Tampilan utuh - Tentang buku ini
 | 1869 - 972 halaman
...reasonable rule, viz., that, in every case, before the evidence is left to the jury there is a preliminary question for the Judge, not whether there is literally...verdict for the party producing it, upon -whom the onus of proof is imposed. If, therefore, the plaintiffs' evidence in this case was such that the Judge... | |
 | Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1864 - 604 halaman
...rule, viz., that in every l869case, before the evidence is left to the jury, there is a preliminary question for the Judge, not whether there is literally...verdict for the party producing it, upon whom the onus of proof is imposed. If, therefore, the Plaintiff's evidence in this case was such that the Judge... | |
 | United States. Supreme Court - 1876 - 696 halaman
...question for the judge, not whether there is literally no * 14 Wallace, 448. Opinion of the court. evidence, but whether there is any upon which a jury...verdict for the party producing it, upon whom the onus of proof is imposed. The English cases there cited fully sustain the proposition,* and the decisions... | |
 | 1869 - 370 halaman
...Eep. there is a preliminary question for the jndge, not whether there is literally no evidence, hut whether there is any upon which a jury can properly proceed to find a verdict for the porty producing it, upon whom the onus of proof ia imposed. If, therefore, the plaintiff's evidence... | |
 | 1892 - 554 halaman
...every case, before the evidence is left to the jury, there is a preliminary question for the jndge, not whether there is literally no evidence, but whether...proceed to find a verdict for the party producing it." Miller, J., in Improvement Co. v. 3f tmooii, 14 Wall. 442, 448 ; Commissioners v. Clark, 94 US 278,... | |
 | 1875 - 438 halaman
...established the rule that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally...evidence, but whether there is any upon which a jury cau properly proceed to find a verdict for the party producing it, upon whom the emu* of proof is imposed.... | |
 | 1883 - 552 halaman
...evidence is left to the jury, there may be in every case, a preliminary question for the presiding judge, not whether there is literally no evidence,...whether there is any upon which a jury can properly find a verdict for the party producing it, upon whom the burden of proof is imposed. Cotton v. Wood,... | |
 | 1883 - 548 halaman
...to wit, that before the evidence is left to the jury, there is or may be in every case a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which n jury can properly proceed to find a verdict for the party producing it, upon whom the burden of proof... | |
 | 1885 - 544 halaman
...consideration of the jury when there is no evidence upon which they can in any justifiable view find for the party producing it, upon whom the burden of proof is imposed. (4) It is not enough to require submission to a jury, that there may be a crumb or scintilla of evidence.... | |
 | United States. Supreme Court - 1871 - 726 halaman
...wit, that in every case, before the evidence is left to the jury, there is or may be a preliminary question for the judge, not whether there is literally...verdict for the party producing it, upon whom the onus of proof is imposed. J Apply that rule to the present case and it is clear to a demonstration... | |
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